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Can the police be held responsible for impound fees?

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bboyars

Member
California-Orange County

My boyfriend and I went to a gas station at 3 am after finishing helping a friend get their broken down car going. We had my boyfriend's mother car which was parked in the parking spaces right outside the main entrance to the store. When we came outside there were two cops standing by the drivers side of the car shining their flashlight in the windshield. We asked them if we could help them with something and they asked us if it was our car to which h we stated that it was my boyfriends mothers car but we were in the process of buying the vehicle. Then the cop said , "you don't have a vin #" which we both sort of laughed a little and told the cop that it is impossible that there isn't a vin#. We offered to give them the registration which we handed to the officer and told them that the car had also been in an accident in the past year and so it didn't make any sense why there wouldn't be a vin # when in the case of the accident the police and insurance adjuster certainly verified the vin# at the time along with the smog that took place a fee months prior when the registration was renewed. The police then told us to set our drinks down on the hood of their car and then asked if we had anything sharp on us that,could poke or prick them to which we both denied and then they said can we check and we agreed. After frisk in us they told us to put or hands behind our backs and took us each by the wrists and started walking us to the back of their car. when we asked what was going on and if we were being arrested they said they didnt know if the vehicle was stolen so we are just going to sort this out and it shouldn't be long. We said to them that they could just call the registered owner or run the plates to see that the car isn't stolen but they ignored us. So they lock us in the back of the police car and then proceed to start searching the vehicle. Outraged we both stated to the camera in the cop car that the police were conducting an illegal search without consent, without a warrant, and without probable cause. The cops were annoyed by our screaming and attempts to confront them on their misconduct and came to the back window and stated that when my boyfriend consented to be patted down that he was consenting to them searching the vehicle. We both responded with disgust and said that was not consenting to a search of the vehicle and what they were doing was illegal. They said that was our opinion and turned around d and went back and continued going through the vehicle. Upon searching the vehicle they found paraphernalia that was secured in a candy tin. Yes, our wrong doing for having paraphernalia and a controlled substance in the vehicle but they were not in plain sight and were tucked away in my purse that was on the floor, and not found until after they already took it upon themselves to search the vehicle. We told them about a firearm which was wrapped up and buried under the rest of the items we had in the trunk. We had nothing to hide and explained that it was his moms recently deceased ex navy seal boyfriends and we were just moving the items to a storage locker as directed to do so by his mother until his family from back east decides what to do with all of his belongings. We reiterated that they could verify if they contacted the registered owner of the vehicle. We then told them that there was a set of tools in the trunk called a "lock out set" which we had as a result of locking our keys in the car less than 24 hours prior. There was a lot more dialogue that took place but main points after what I've already stated include a couple key things. I told them I am a diabetic and my blood sugar was high and frequent urination is something that I experience with my condition and they told me over and over again from before they put us in the back of the car when I initially told them that I had to go until more than an hour into the situation that it would just be a minute. I eventually ended up being forced to urinate 4 times in the back seat of the cop car because they refused to acknowledge my stated condition. They took everything out of my boyfriends pockets money and all and put it inside our car and then had it towed with the reason cited as "driver arrested." They had us handcuffed in the back seat with the windows up and the heater blaring for hours. They drove to a substation pulled food out and ate it on the hood of their car while fingerings through a book looking for things they could charge us with. When they finished and got in the car I asked them what we were.being charged with. The one cop literally said, "tweeker with a gun." I told him that I wanted the actual penal codes that we are supposedly being cbarged with and he said I just told you. At this point they proceeded to drive eradically, completely recklessly with their headlights off at high speeds I'm assuming to intentionally scare us. By the time we got to the jail the sun was out and it was after 7am. So we get booked and the intake people confirmed my blood sugar levels were insanely high at 589 (normal range is below 200) and then we were in jail for the next 4 days only to be released because "no barges were filed at this time". They didn't notify the registered owner about the vehicle being towed or stored until 3 days after it was towed. No charges were filed. Nobody was driving the vehicle when the police initiated contact with us. Does the registered owner have to pay the impound/towing fees if the vehicle does not have a hold on it and shouldn't have been towed in the first place?
 


CdwJava

Senior Member
First off, what code section was cited as the authority for the impound? Understand that if they had lawful grounds to tow the car (and not having a VIN can grant that authority as can making an arrest of the person responsible for the vehicle), then they can conduct an inventory of the vehicle (i.e. they get to open it up and search it).

The registered or legal owner, or their representative, can request a post-storage hearing to challenge the impound. That request must be made within 10 days of impound. Further, the agency is required only to notify the registered owner via first class mail. As a result, 3 days is not unusual. If the vehicle has not been retrieved, the registered owner should retrieve it ASAP to avoid further fees. They can attend the hearing to challenge the impound afterwards, and can even make a claim against the agency should they have grounds to believe the impound was unlawful.

Your attorney can evaluate the police reports and determine if there might be grounds for suppression of any evidence discovered in the search or not. I can conceive of possibilities to go either way. But, not being there, I cannot say with any certainty whether the search was good or not.
 

quincy

Senior Member
California-Orange County

My boyfriend and I went to a gas station at 3 am after finishing helping a friend get their broken down car going. We had my boyfriend's mother car which was parked in the parking spaces right outside the main entrance to the store. When we came outside there were two cops standing by the drivers side of the car shining their flashlight in the windshield. We asked them if we could help them with something and they asked us if it was our car to which h we stated that it was my boyfriends mothers car but we were in the process of buying the vehicle. Then the cop said , "you don't have a vin #" which we both sort of laughed a little and told the cop that it is impossible that there isn't a vin#. We offered to give them the registration which we handed to the officer and told them that the car had also been in an accident in the past year and so it didn't make any sense why there wouldn't be a vin # when in the case of the accident the police and insurance adjuster certainly verified the vin# at the time along with the smog that took place a fee months prior when the registration was renewed. The police then told us to set our drinks down on the hood of their car and then asked if we had anything sharp on us that,could poke or prick them to which we both denied and then they said can we check and we agreed. After frisk in us they told us to put or hands behind our backs and took us each by the wrists and started walking us to the back of their car. when we asked what was going on and if we were being arrested they said they didnt know if the vehicle was stolen so we are just going to sort this out and it shouldn't be long. We said to them that they could just call the registered owner or run the plates to see that the car isn't stolen but they ignored us. So they lock us in the back of the police car and then proceed to start searching the vehicle. Outraged we both stated to the camera in the cop car that the police were conducting an illegal search without consent, without a warrant, and without probable cause. The cops were annoyed by our screaming and attempts to confront them on their misconduct and came to the back window and stated that when my boyfriend consented to be patted down that he was consenting to them searching the vehicle. We both responded with disgust and said that was not consenting to a search of the vehicle and what they were doing was illegal. They said that was our opinion and turned around d and went back and continued going through the vehicle. Upon searching the vehicle they found paraphernalia that was secured in a candy tin. Yes, our wrong doing for having paraphernalia and a controlled substance in the vehicle but they were not in plain sight and were tucked away in my purse that was on the floor, and not found until after they already took it upon themselves to search the vehicle. We told them about a firearm which was wrapped up and buried under the rest of the items we had in the trunk. We had nothing to hide and explained that it was his moms recently deceased ex navy seal boyfriends and we were just moving the items to a storage locker as directed to do so by his mother until his family from back east decides what to do with all of his belongings. We reiterated that they could verify if they contacted the registered owner of the vehicle. We then told them that there was a set of tools in the trunk called a "lock out set" which we had as a result of locking our keys in the car less than 24 hours prior. There was a lot more dialogue that took place but main points after what I've already stated include a couple key things. I told them I am a diabetic and my blood sugar was high and frequent urination is something that I experience with my condition and they told me over and over again from before they put us in the back of the car when I initially told them that I had to go until more than an hour into the situation that it would just be a minute. I eventually ended up being forced to urinate 4 times in the back seat of the cop car because they refused to acknowledge my stated condition. They took everything out of my boyfriends pockets money and all and put it inside our car and then had it towed with the reason cited as "driver arrested." They had us handcuffed in the back seat with the windows up and the heater blaring for hours. They drove to a substation pulled food out and ate it on the hood of their car while fingerings through a book looking for things they could charge us with. When they finished and got in the car I asked them what we were.being charged with. The one cop literally said, "tweeker with a gun." I told him that I wanted the actual penal codes that we are supposedly being cbarged with and he said I just told you. At this point they proceeded to drive eradically, completely recklessly with their headlights off at high speeds I'm assuming to intentionally scare us. By the time we got to the jail the sun was out and it was after 7am. So we get booked and the intake people confirmed my blood sugar levels were insanely high at 589 (normal range is below 200) and then we were in jail for the next 4 days only to be released because "no barges were filed at this time". They didn't notify the registered owner about the vehicle being towed or stored until 3 days after it was towed. No charges were filed. Nobody was driving the vehicle when the police initiated contact with us. Does the registered owner have to pay the impound/towing fees if the vehicle does not have a hold on it and shouldn't have been towed in the first place?
As you describe what happened, there are certainly questions raised about the actions of the officers.

You and your boyfriend really need to stop talking to the police (you have said far more than you should have already) and you both should get attorneys.

Speak only to your respective attorneys and no one else - not even to each other. Your attorney will investigate the incident.

Good luck.
 

Shadowbunny

Queen of the Not-Rights
.... Outraged we both stated to the camera in the cop car that the police were conducting an illegal search without consent, without a warrant, and without probable cause. The cops were annoyed by our screaming and attempts to confront them on their misconduct and came to the back window and stated that when my boyfriend consented to be patted down that he was consenting to them searching the vehicle. We both responded with disgust and said that was not consenting to a search of the vehicle and what they were doing was illegal....

. We then told them that there was a set of tools in the trunk called a "lock out set" which we had as a result of locking our keys in the car less than 24 hours prior. ...
Couple of observations about your story. One, screaming and confronting the cops is generally NOT a good idea. What in the world did you hope to accomplish by antagonizing them? Did you think that they'd suddenly stop and say "gosh, bboyars is really pitchin' a fit, we should stop doing our job!"?

Second, how in the world would a lockout set help you when it's in the trunk? By definition, if you were didn't have keys to the car you'd not have access to the trunk.
 

bboyars

Member
Couple of observations about your story. One, screaming and confronting the cops is generally NOT a good idea. What in the world did you hope to accomplish by antagonizing them? Did you think that they'd suddenly stop and say "gosh, bboyars is really pitchin' a fit, we should stop doing our job!"?

Second, how in the world would a lockout set help you when it's in the trunk? By definition, if you were didn't have keys to the car you'd not have access to the trunk.
A) The VIN # wasn't missing so I don't believe that the police were doing their job, I believe that one cop was trying to show the rookie cop how to make a bust out of nothing so he would look good. B ) When my rights were blatantly violated and calm and rational communication failed to even get them to pause let alone stop what they were doing we did what we had to in order to try to stop the violation of our rights from continuing further even though ultimately it didn't. C) The out kit was in the trunk of our car because my boyfriend locked the set of keys we had inside the car literally like 12 hours before the incident occurred with the police. We borrowed the set from someone and once we got into our car we made a copy of the key to avoid having to break into our car should the keys get locked in again in the future. The lockset was in a case in the trunk and the vin # isn't missing on the car.
 

bboyars

Member
Couple of observations about your story. One, screaming and confronting the cops is generally NOT a good idea. What in the world did you hope to accomplish by antagonizing them? Did you think that they'd suddenly stop and say "gosh, bboyars is really pitchin' a fit, we should stop doing our job!"?

Second, how in the world would a lockout set help you when it's in the trunk? By definition, if you were didn't have keys to the car you'd not have access to the trunk.
Our car is a Toyota Rav 4, the "trunk" is behind the back seat without a cover it's just an open space thy was packed full
 

Eekamouse

Senior Member
California-Orange County

My boyfriend and I went to a gas station at 3 am after finishing helping a friend get their broken down car going. We had my boyfriend's mother car which was parked in the parking spaces right outside the main entrance to the store. When we came outside there were two cops standing by the drivers side of the car shining their flashlight in the windshield. We asked them if we could help them with something and they asked us if it was our car to which h we stated that it was my boyfriends mothers car but we were in the process of buying the vehicle. Then the cop said , "you don't have a vin #" which we both sort of laughed a little and told the cop that it is impossible that there isn't a vin#. We offered to give them the registration which we handed to the officer and told them that the car had also been in an accident in the past year and so it didn't make any sense why there wouldn't be a vin # when in the case of the accident the police and insurance adjuster certainly verified the vin# at the time along with the smog that took place a fee months prior when the registration was renewed. The police then told us to set our drinks down on the hood of their car and then asked if we had anything sharp on us that,could poke or prick them to which we both denied and then they said can we check and we agreed. After frisk in us they told us to put or hands behind our backs and took us each by the wrists and started walking us to the back of their car. when we asked what was going on and if we were being arrested they said they didnt know if the vehicle was stolen so we are just going to sort this out and it shouldn't be long. We said to them that they could just call the registered owner or run the plates to see that the car isn't stolen but they ignored us. So they lock us in the back of the police car and then proceed to start searching the vehicle. Outraged we both stated to the camera in the cop car that the police were conducting an illegal search without consent, without a warrant, and without probable cause. The cops were annoyed by our screaming and attempts to confront them on their misconduct and came to the back window and stated that when my boyfriend consented to be patted down that he was consenting to them searching the vehicle. We both responded with disgust and said that was not consenting to a search of the vehicle and what they were doing was illegal. They said that was our opinion and turned around d and went back and continued going through the vehicle. Upon searching the vehicle they found paraphernalia that was secured in a candy tin. Yes, our wrong doing for having paraphernalia and a controlled substance in the vehicle but they were not in plain sight and were tucked away in my purse that was on the floor, and not found until after they already took it upon themselves to search the vehicle. We told them about a firearm which was wrapped up and buried under the rest of the items we had in the trunk. We had nothing to hide and explained that it was his moms recently deceased ex navy seal boyfriends and we were just moving the items to a storage locker as directed to do so by his mother until his family from back east decides what to do with all of his belongings. We reiterated that they could verify if they contacted the registered owner of the vehicle. We then told them that there was a set of tools in the trunk called a "lock out set" which we had as a result of locking our keys in the car less than 24 hours prior. There was a lot more dialogue that took place but main points after what I've already stated include a couple key things. I told them I am a diabetic and my blood sugar was high and frequent urination is something that I experience with my condition and they told me over and over again from before they put us in the back of the car when I initially told them that I had to go until more than an hour into the situation that it would just be a minute. I eventually ended up being forced to urinate 4 times in the back seat of the cop car because they refused to acknowledge my stated condition. They took everything out of my boyfriends pockets money and all and put it inside our car and then had it towed with the reason cited as "driver arrested." They had us handcuffed in the back seat with the windows up and the heater blaring for hours. They drove to a substation pulled food out and ate it on the hood of their car while fingerings through a book looking for things they could charge us with. When they finished and got in the car I asked them what we were.being charged with. The one cop literally said, "tweeker with a gun." I told him that I wanted the actual penal codes that we are supposedly being cbarged with and he said I just told you. At this point they proceeded to drive eradically, completely recklessly with their headlights off at high speeds I'm assuming to intentionally scare us. By the time we got to the jail the sun was out and it was after 7am. So we get booked and the intake people confirmed my blood sugar levels were insanely high at 589 (normal range is below 200) and then we were in jail for the next 4 days only to be released because "no barges were filed at this time". They didn't notify the registered owner about the vehicle being towed or stored until 3 days after it was towed. No charges were filed. Nobody was driving the vehicle when the police initiated contact with us. Does the registered owner have to pay the impound/towing fees if the vehicle does not have a hold on it and shouldn't have been towed in the first place?
A couple of junkies out at 3:00am with a lock out set in their vehicle, along with a gun? Yeah, your elaborate story to explain all that sounds believable - not. You're lucky you got off so lightly.
 

CdwJava

Senior Member
Well, this IS California where drugs are all but legal, property crimes go unpunished, and for all their bluster, the state has historically held a loaded and concealed handgun as a lesser offense than a concealed dagger (which can be a folding knife with a blade locked open or even a screwdriver).
 

Eekamouse

Senior Member
Well, this IS California where drugs are all but legal, property crimes go unpunished, and for all their bluster, the state has historically held a loaded and concealed handgun as a lesser offense than a concealed dagger (which can be a folding knife with a blade locked open or even a screwdriver).
This is so very true. People like the OP can spend their nights breaking into vehicles to steal things and even when they're caught red handed, they get a light slap on the wrist. Even when they've got a previous arrest record for doing this same crime.
 

bboyars

Member
Wow...the saddest part about this line of responses is the fact that it is more likely to be presumed guilty no matter how honest a person is. The gun wasn't loaded and as for the junkie comment-know the facts before you make assumptions about people. Innocent until proven guilty except when someone is telling the truth! Question... Why am I lucky again? Because the DA didn't file the bogus charges (i.e. felon with a firearm, attempting to alter a vin #, possession of burglary tools etc) FYI...neither of us are felons either by the way and I didn't know that going to a gas station before getting on the freeway to drive back home 70 miles away because you have to work the following morning constitutes for police harassment, misconduct, illegal search and seizure and treating people like animals instead of human beings...
 

bboyars

Member
By the way-why would I need advice about the impound fees if I wasn't telling the truth? I mean seriously?? Wouldn't I be seeking advice about how to proceed with a legal defense or help with understanding the laws surrounding the arrest and so called charges? It's a travesty to encounter so much corruption within a system that claims to serve and protect. I pay my taxes, I vote, I have respect for Johnny Law and can speak to him like an adult without assuming that he isn't going to violate my civil rights! I didn't get off easy-I've NEVER had such a disgusting encounter with law enforcement in my entire life! My "story" whether any of you believe it or not doesn't matter-it's the truth. My incident and issue aside from the impound fees is only with the 2 officers that decided to use intimidation/scare tactics/and their own version of procedure to violate my civil rights. Not all cops are morons on a power trip but I assure you-the 2 I encountered have me completely disgusted and concerned about their abilities to perform their job properly. Wouldn't I have been charged for the cut and dry case if they had done their job properly though? Of course, I'm the criminal in the scenario so my word is questionable but because they have a badge they must be the ones on the up and up!
 

Zigner

Senior Member, Non-Attorney
Wow...the saddest part about this line of responses is the fact that it is more likely to be presumed guilty no matter how honest a person is. The gun wasn't loaded
It doesn't have to be. In your case, the gun needed to be in a LOCKED compartment, or, in your case, secured in a locked case. There is no need to make a "presumption", as you have admitted repeatedly to violating this law. Frankly, it's unfortuante that you weren't at least charged with that.


From https://oag.ca.gov/firearms/travel

HANDGUNS

Pursuant to California Penal Code section 25610, a United States citizen over 18 years of age who is not prohibited from firearm possession, and who resides or is temporarily in California, may transport by motor vehicle any handgun provided it is unloaded and locked in the vehicle’s trunk or in a locked container. Furthermore, the handgun must be carried directly to or from any motor vehicle for any lawful purpose and, while being carried must be contained within a locked container.


Pursuant to California Penal Code section 16850, the term "locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment.

The rear of your SUV doesn't count as the "trunk".
 

CdwJava

Senior Member
The answer to this question might answer a few questions I have about the actions here ...

You say there was a VIN. Okay, great. But, was there a VIN plate visible on the dashboard? If that VIN plate was removed or covered, that could explain why things transpired as they did.
 

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